The Karnataka High Court allowed a writ petition filed under Articles 226 and 227 of the Constitution Of India, praying to issue a writ in the nature of certiorari or any other appropriate writ, to quash the endorsement dated 23.05.2023 issued by the Tahasildar. The Court observed that the Deputy Commissioner has no jurisdiction to cancel the order of conversion passed by him since he becomes functus officio after passing the said order.
Brief Facts:
The Deputy Commissioner, by an order dated 02.01.1992, had permitted the conversion of the land bearing R.S. No.64/A2 situated at Attikolla Village, Dharwad Taluk and District from agriculture to non-agriculture purposes. On the ground that the terms and conditions of the conversion order have been violated, the Deputy Commissioner vide the order impugned at Annexure - F dated 23.05.2023 canceled the earlier order of conversion passed by him. Being aggrieved by the same, the petitioner is before this Court.
Contentions of the Petitioner:
The Learned Counsel for the Petitioner submitted that the petitioner has purchased a site in the land and the order impugned is passed by the Deputy Commissioner without jurisdiction.
Contentions of the Respondent:
The Learned Counsel for the Respondent argued in support of the impugned order and submitted that since the petitioner had violated the terms and conditions of the earlier order of conversion, the Deputy Commissioner was justified in passing the impugned order.
Observations of the Court:
The Court noted that it is not in dispute that the land in question was permitted to be converted from agriculture to non-agriculture purposes by the Deputy Commissioner. On the ground that the terms and conditions of the conversion order have been violated by the petitioner, the impugned order has been passed by the Deputy Commissioner.
The Court observed that the Deputy Commissioner has no jurisdiction to cancel the order of conversion passed by him since he becomes functus officio after passing the said order.
The decision of the Court:
The Karnataka High Court, allowing the petition, held that the order impugned at Annexure - F dated 23.05.2023 cannot be sustained.
Case Title: Smt. Swetha vs The Deputy Commissioner & Ors.
Coram: Hon’ble Justice S. Vishwajith Shetty
Case no.: WRIT PETITION NO. 104084 OF 2023 (KLR-CON)
Advocate for the Petitioner: Mr. Mahantesh C Kotturshettar
Advocate for the Respondents: Mr. M H Patil
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